Bill > A05546

This bill amends the New York Mental Hygiene Law to create new regulations regarding the release of patient records for deceased mental health facility residents. Specifically, the bill directs the commissioner to create regulations for disclosing patient information about deceased individuals, in compliance with the federal Health Insurance Portability and Accountability Act (HIPAA). Under these new regulations, patient information could be provided to family members, personal representatives, or individuals involved in the deceased patient's care or payment for care, but only upon written request. Importantly, the regulations would prohibit disclosure if it would be inconsistent with any known prior expressed preference of the deceased patient. The bill also adds a provision allowing healthcare providers to request patient information for the treatment of a family member, with the commissioner required to define what constitutes a "family member" for this purpose. The new regulations would take effect 180 days after the bill becomes law, ensuring time for the commissioner to develop detailed implementation guidelines.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/A5546